Question

Assalaamu alaikum ww

Dear respected Mufti Sahib

My question is, can a conditional divorce be revoked? For example, if a husband was to say to his wife “I swear to Allah, I will never again contact so and so in any form for any motive and if I do, you’ll be out of our marriage immediately”. Can the husband then revoke and take this back?

I am asking this as my husband took an oath that he would not speak to or be in touch with a particular person and it has recently come to my knowledge that he has been in touch with the said person. However, he is adamant that the marriage is still valid as he has retracted this oath and therefore it no longer applies. Is there room for such a manoeuvre within the Shariah?

I would appreciate it if Mufti Sahib can clarify this matter so I know where we stand with regards to our marriage.

Jazaakumullahu ahsanal jazaa’

Answer

It is not valid to revoke a conditional divorce by verbally retracting the uttered statement. This is because it is not permissible to retract an oath, once it is uttered it will always remain unless it is broken. Hence, if the condition was fulfilled, which is in your case contacting a particular individual, then one divorce will take place. If you would like to remain together you must renew nikah.

الدر المختار وحاشية ابن عابدين (رد المحتار) (3/ 352) – (وفيها) كلها (تنحل) أي تبطل (اليمين) ببطلان التعليق (إذا وجد الشرط مرة)

(قوله أي تبطل اليمين) أي تنتهي وتتم، وإذا تمت حنث فلا يتصور الحنث ثانيا إلا بيمين أخرى لأنها غير مقتضية للعموم والتكرار لغة نهر

Answered by:
Ifta Research Fellow

Checked & Approved by:
Mufti Abdul Rahman Mangera
Mufti Zubair Patel